Misconceptions About Personal Injury Cases in New York
Pursuing compensation after an accident comes with misconceptions that often stop injured people from seeking the damages they are entitled to. Below are some of myths — and the reality underneath each one.
**Myth: "If the accident was partly my fault, I cannot file a claim."**
This is traffic ticket attorney saratoga springs one of the most damaging misconceptions. New York operates under a pure comparative negligence standard. In plain terms is a claim remains viable when you were somewhat at fault. What you receive is reduced by your percentage of responsibility — but it does not get zeroed out.
**Myth: "I don't need a lawyer — my insurer is going to offer a fair settlement."**
Adjusters are businesses focused on minimizing payouts. The opening settlement is nearly always less than the actual cost of your injuries. A dedicated personal injury attorney knows the full picture of your damages — including long-term medical costs and quality-of-life damages that adjusters routinely minimize.
**Misconception: "Personal injury cases are never-ending."**
Though some cases can take longer, a significant number of personal injury cases in New York resolve within a reasonable timeframe. How long your case takes is shaped by the complexity of your case, how cooperative the insurance company is toward resolving the claim, and whether court involvement proves necessary.
**False: "I missed the accident — it is too late."**
The legal window for standard personal injury lawsuits in New York is 36 months. That said, certain situations that may extend that window — for example claims against municipalities, where require filing notice in just three months. When in doubt whether your claim is still viable, consult a personal injury attorney without delay.
**Myth: "Taking legal action means I am being difficult."**
Filing a claim for injuries caused by another party's irresponsible actions is a legal right — not an act of greed. Medical bills, lost wages, and ongoing physical limitations have real financial costs. Making the at-fault individual responsible is the way the justice system is supposed to function.
Ianniello Chauvin, LLP's team, clients receive direct guidance from the very first conversation. There are no unrealistic claims — only a realistic picture of your case and a path for getting you the recovery you deserve.
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